Criminal Defense Attorney in Overland Park

Frequently Asked Questions

The first thing you need to do when you freedom, your future and your reputation are on the line is to remember the very basic fact that you do have rights and you do not have to be intimidated. It is in your best interest to contact an Overland Park criminal defense lawyer right away to ensure that your rights are fully protected. At the Gigstad Law Office, LLC, we will not allow you to be intimidated and we stand ready to vigorously defend you against criminal charges. You do not have to face this battle alone; our firm may be able to help you. If you have been charged with a crime or if you are being investigated for a crime, you are probably asking yourself some of the following questions:

Q. If I am convicted, what kind of penalties am I facing?

A. That all depends on the crime as well as the circumstances of the crime you are being accused of. Misdemeanor crimes seldom result in significant jail time but you may be facing heavy fines as well as permanent criminal record . Tough judges can impose the maximum penalties, which can be up to a year in jail in some criminal cases. Felony convictions for crimes such as
drug charges or
domestic violence are very serious and you may be facing a lengthy prison sentence along with the possibility of fines and a long probation. A criminal record for a felony conviction can make it very difficult to get a job or even find a place to live. While
juvenile crimes are often considered less serious, don't be fooled. A conviction for a juvenile crime can impact the rest of your life. Not only might you be facing incarceration, but college and career plans could be destroyed in a conviction.

Q. At what point do I need to hire an attorney?

A. If you have been charged with any crime, you need to hire a skilled and proven attorney from our firm as soon as you can. Timing is critical when it comes to the law and the criminal justice process. There are court imposed deadlines that must be followed for a number of issues and the sooner that you involve our firm, the sooner we can make sure that your rights are aggressively protected and the sooner we can develop a strategic defense.

Q. Do I have to allow the police to search my home or my car?

A. No, not unless the police have a search warrant. You do not have to consent to a search by the police in fact even if they threaten to hold you until they obtain a search warrant, it is rarely a good idea to consent to a search. If they do obtain a search warrant, our energetic and knowledgeable legal team will investigate how they obtained the warrant. If your rights were violated in any way we may be able to have any evidence found in the search thrown out.

Q. If I refuse to answer questions or give a statement about any crime, can I be charged as a result of my refusal?

A. As per the Fifth Amendment, you have the right to not say anything that might incriminate you. The police may try to convince you that not cooperating will lead to more severe consequences later, but they are not really concerned about your best interest s. On the other hand, our firm is totally committed to fighting for your rights and interests, and we will stand up to the police and fight for you. Even if they promise leniency, keep in mind that the police are allowed to lie when they are trying to get you to make incriminating statements. Law enforcement and the prosecution will do everything they can to build their case against you. The best way to make sure that your rights are fully protected is to have accomplished defense attorney from our firm by your side.

Q. If I am arrested, do the police have to read me my Miranda rights?

A. That depends on your specific case. Miranda rights must be read to you if any statement you make is to be used in the case being built against you. If the case against you is strong enough that no statement from you is necessary, the police do not have to read you your rights. In any event, it is advisable not to speak to anyone, including friends or family, until consulting our firm. In a serious criminal case, it is possible that your phones are being monitored.

Q. Can I talk to my friends and family about what happened?

A. No, it is not advisable. In general, anything you say to another person is not privileged meaning that it may possibly be used against you. Any communication with our firm is privileged and we will work with you to protect your rights and your future. With our firm, you can trust in integrity, commitment and results.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.